A private legal practitioner, Mr John Ndebugre has advised the removed chairperson of the Electoral Commission, MrsCharlotte Osei to apply for a judicial review in the nature of certiorari to quash the “unreasonable decision” of the Chief Justice’s committee.
According to Mr John Ndebugre, after taking time to read the written address of Mrs Charlotte Osei’s lawyer, Thaddeus Sory, he shed tears because he thinks justice was not served.
“If this is the way we have to go, then all of us are not safe not only MrsCharlotte Osei. There’s no article of the constitution of Ghana which provides that breach of any statute [Act 663] should be a ground for removal from office of the EC Chairperson,” he added.
Read MrJohn Ndebugre’s write up below
I spent the whole night reading the excellent address of the learned lawyer submitted to the committee in defence of Mrs Charlotte Osei. I had to pause and cry.
The committee rested its report contrary to the evidence on record. MrsCharlotte Osei must apply for judicial review in the nature certiorari to quash this unreasonable decision. It’s sad for Ghana. If this is the way we have to go, then all of us are not safe not only Mrs Charlotte Osei. There’s no article of the constitution of Ghana which provides that breach of any statute [Act 663] should be a ground for removal from office of the EC Chairperson.
The phrase ‘stated misbehaviour and misconduct’ must reach the supreme court for interpretation and declaration of same. Until then, the opened floodgates would give politicians to unnecessarily interfere with the hitherto sacred and independent office of the EC Chairperson. There will be no job security and stability of the occupants of the office of the EC Chairperson.
Kudos to senior Thaddeus Sory albeit the committee denied him justice. There was a complete travesty of Justice. None of the sweeping allegations against the EC Chairperson was proved. I think judicial review in the nature certiorari to quash the decision of the committee will be the appropriate remedy but not an appeal.
The new person could be injuncted from holding the office until the final determination of judicial review proceedings.